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FLACK BY AND THROUGH GARRISS v. GARRISS

No. 816SC1164.

293 S.E.2d 827 (1982)

Patrick Randolph FLACK and Lois Elaine Flack, By and Through Their Guardian Ad Litem, Lois R. Flack GARRISS. v. Marcus A. GARRISS, Bianca M. Brown, Gilbert W. Chichester, CMC Finance Group, Inc.

Court of Appeals of North Carolina.

August 3, 1982.

Attorney(s) appearing for the Case

Josey, Josey & Hanudel by C. Kitchin Josey, Scotland Neck, for plaintiffs-appellants.

Perry, Kittrell, Blackburn & Blackburn by George T. Blackburn, II, Henderson, for defendants-appellees Garriss and Brown.

Chichester & Harris by Gilbert W. Chichester, Hollister, for defendant-appellee Chichester.

Moore & Van Allen by Robert W. King Jr., Charlotte, for defendant-appellee CMC Finance Group, Inc. (No brief on appeal.)

HILL, Judge.

In this action plaintiffs, by and through their guardian ad litem, sought to have three notes of indebtedness declared to be solely owned by defendant Garriss so that they could levy against the notes in accordance with a prior judgment.

At various times in 1972, defendant Garriss purchased three ten-year subordinated capital notes of the CMC Finance Group, Inc., each with a face value of $10,000. Defendant...

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